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Tuesday, February 17, 2015

Privacy Considerations

The following information is specific for the State of
Georgia. As always, consult with legal
counsel, whether or not you are located within Georgia.

On occasion, a homeowner attempts to record the proceedings
of a Board meeting. If the Board
prohibits this, is that a violation of an open meetings act? The confusion is over the nature of the
meeting being conducted. While the
meeting is a governmental function, it is not a public
governmental event. It is a private
proceeding for a private corporation, and not open to the public. Members of the Association may attend, but
not the general public.

Because of this, the open records act does not apply. In a public setting, the use of a recording
device only requires the consent of one of the parties directly involved. In a private setting, everyone must agree to
the recording. The Board meeting often
only involves conversation between Board members, with silent observation by
homeowners. If someone in the audience
wishes to make a recording, assent needs to be obtained from every Board member
present. Out-of-state participation (via
telephone, Skype, etc.) muddles the situation, since privacy laws from other
States may be triggered.

We must also weigh the privacy expectations of other
homeowners in the audience. Since the
meeting is not considered a public event, anyone accidentally recorded in also
has a potential claim against the recorder, and against the Association for
permitting the recording. Add to this
the possible presence of an underage person, and you really have a mess.

In the age of social media and the desire to accommodate
busy schedules, caution is key. Even the
best intentions can result in distorted messaging that could lead to claims of
slander. Court cases have been lost
because of unofficial recordings that embellished the official Minutes of Board
meetings.

The
same privacy expectations translate over into the surveillance drone
arena. Georgia law prohibits a person
from going on or about the premises of private property for the purpose of
secretly observing activities.If your community wishes to
use drones as a means of compliance monitoring, it needs to be very open with
the homeowners. You may possibly need to
gain consent before implementing this technology. Rely heavily on third-party experts to
navigate this sensitive and timely issue!